Separated from past 5 yrs and want divorce

You are required to go strategically. Do not act in haste. Your query requires some precautionary steps to protect your parents to plunge their safety. You may file divorce petition on the ground desertion and cruelty. Sidharth 9811776422

Agreed with srivastava sir

Yes,when there is no hope for reunoin,then you should file divorce petition on ground of des

If you need divorce she may ask for maintenance and alimoney.

If these matters you can settle among yourselves than the present procedure due to recent SC judgment has become simple for divorce.

Firstly try to settle terms with your wife and ammicably workout for divorce by mutual consent. She will definately ask for alimony for the settlement for which you should be clear in your mind. Your paying capacity should be in your mind before you commit any amount. Getting divorce on the ground of desertion/cruelty in any case looks very attractive to all but in reality its not so easy.

 

Thanks All for your valuable inputs

If mutual consent fails and we go for contested way, can she claim share in my home?

My lawyer suggested me to transfer home and money to my parents. Would that be the right step?

And can she still file police case against me?

Please transfer ur home as a gift deed to ur mom or dad and get it registered too. The home was acquired before marriage and hence it's your self acquired property but because of women oriented laws I would suggest do transfer the home. No matter what happens never ever mention anywhere and to anyone verbally or written that you did the transfer. Let that a secret remain only with you,your mom and dad. Let your wife do all efforts to trace assets in your name. Try for mutual consent divorce. If u r able to settle by paying a reasonable amount please do so. If it goes for contested please tell ur advocate to seek anticipatory bail for IPC 498a, section 4 dp act. U can then go for filing divorce petition.

Please transfer ur home as a gift deed to ur mom or dad and get it registered too. The home was acquired before marriage and hence it's your self acquired property but because of women oriented laws I would suggest do transfer the home. No matter what happens never ever mention anywhere and to anyone verbally or written that you did the transfer. Let that a secret remain only with you,your mom and dad. Let your wife do all efforts to trace assets in your name. Try for mutual consent divorce. If u r able to settle by paying a reasonable amount please do so. If it goes for contested please tell ur advocate to seek anticipatory bail for IPC 498a, section 4 dp act. U can then go for filing divorce petition.

The problem with doing the transfer at this point of time is that the date of transfer just before filling a Petition would clearly disclose to the Court that you did it intentionally to deprive your wife. This may affect your case.  She cannot claim a share in your house, per se, more so as she is not presently residing there, but the Court can and will definitely consider the same while deciding the quantum of maintenance to your wife.  File for Divorce on the ground of cruelty and desertion.  

It is always a prudent thing to stay with least penny under such circumstances.

Let me tell you one fact...

If your wife is reasonable and not greedy she will settle for a decent alimony that u can afford. 

However if she is cunning and insane she will not settle until she feels she has taught you a lesson. Now what lesson ???? for her it could be lesson for transferring your own property in your parents name :))).....This approach will give rise to indefinite litigation and so long as her lawyer will get his/her fees the case will go on. You will spend anywhere between 5-10yrs roaming around the courts.

So get real...you know ur wife better than we do.... Anticipate what could be the outcome of filing a divorce case and act prudently.

I would advise sell the property than transferring it to your parents. Its your own property and u can do whatever you wish......Invest the money in some business etc etc

Hire a good lawyer / CA who will guide you to carefully plan the process. Do it, wait for 6months and then approach ur wife for a mutual divorce. Keep your tempers in check......."musibat ke samay dheeraj se kaam lena chahiye"....

Also dont think that u can get away with nominal alimony, remember u will have to satisfy her demands and stop her from opening  the gates of litigation. 

Your also a father so its ur responsibility to look after the financial needs of the child. Various options for settlement can be proposed to your wife based on your pocket and demands of ur wife cum ur interest in your child.

All the Best !!

 

 

 

This is irony of Law, for one problem there are two opposite solutions. If I read replies from beginning, half of the comments says not need to sell and half says sell it right away.

Funny part is that it is my property and I am sacred if it.

Anyways, I have decided not to transfer it and keep it on my name. Let see the outcome.

Can anyone please suggest,  as I mentioned she is not living with me from past 5 years what if she try to enter into my house forcibly?

Her family can go to any extend. There is no complaint or information reached to police station yet. Please suggest if anything is required.

You can, in the Divorce Petition, seek the relief of Injunction restraing her from entering the house. 

I have not filled divorce yet. What if she come to my door step and ask for the stay?